الدساتير والقوانين الجنائية المغاربية: دراسة في العلاقة بين الحريات الفردية والمرجعية الإسلامية

Abstract

The direct reason for choosing the topic of research, was the conflict surroundding the position of individual freedom in the constitutional and criminal texts, and the view of cognitive backgrounds behind this conflict; Is it affected by the expression of the Western/liberal vision, or by the Islamic philosophy?. The basis for choosing the Maghreb region as a field of study is due to: Firstly, understanding the growing calls of individualist movements in recent years, and trying to anticipate their ability to change the legislative structure of their societies. Secondly, filling the research gaps that were not explored - as far as we know – on the extrapolation of the constitutional and criminal texts related to individual freedoms in the Maghreb countries as a whole. The study proposes this hypothesis due to the continuation of the state of tension between the individual freedom advocates and their countries, especially if these calls contradict the constitutional Authority. Mainly, the study relied on the comparative descriptive approach, in order to explore the individual’s status and centrality within the Western liberal and Maghreb/Islamic philosophical systems. The tools of the inductive and historical/analytical approaches, were adopted to scrutinize the procedural nature of the Maghreb laws. The historical and political context of these laws, and the analysis of their internal structure, helped also to describe their relationship with the Islamic Authority. We appreciate that this work constitutes an entry to understand other social and political groups, whether in the Gulf region, or in the Southeast Asian region.